THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 
______ 

ARRANGEMENT OF SECTIONS 
_____ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

3. Duties of persons having charge of animals.  

CHAPTER II 

ANIMAL WELFARE BOARD OF INDIA  

4. Establishment of Animal Welfare Board of India. 

5. Constitution of the Board.  

5A. Reconstitution of the Board. 

6. Term of office and conditions of service of members of the Board.  

7. Secretary and other employees of the Board.  

8. Funds of the Board. 

9. Functions of the Board . 

10. Power of Board to make regulations. 

CHAPTER III 

CRUELTY TO ANIMALS GENERALLY 

11. Treating animals cruelly. 

12. Penalty for practising phooka or doom dev. 

13. Destruction of suffering animals. 

CHAPTER IV 

 EXPERIMENTATION ON ANIMALS 

14. Experiments on animals.  

15. Committee for control and supervision of experiments on animals.  

15A. Sub-committees. 

16. Staff of the Committee. 

17. Duties of the Committee and power of the Committee to make rules relating to experiments 

on animals. 

1 

 
 
SECTIONS 

18. Power of entry and inspection.  

19. Power to prohibit experiments on animals. 

20. Penalties.  

CHAPTER V  

PERFORMING ANIMALS 

21. “Exhibit” and “train” defined.  

22. Restriction on exhibition and training of performing animals. 

23. Procedure for registration. 

24. Power of court to prohibit or restrict exhibition and training of performing animals. 

25. Power to enter premises. 

26. Offences. 

27. Exemptions. 

 CHAPTER VI  

MISCELLANEOUS 

28. Saving as respects manner of killing prescribed by religion. 

29. Power of court to deprive person convicted of ownership of  animal. 

30. Presumption as to guilt in certain cases. 

31. Cognizability of offences. 

32. Power of search and seizure. 

33. Search warrants.  

34. General power of seizure for examination. 

35. Treatment and care of animals. 

36. Limitation of prosecutions. 

37. Delegation of powers. 

38. Power to make rules.  

38A. Rules and regulations to be laid before Parliament. 

39. Persons authorised under section 34 to be public servants. 

40. Indemnity. 

41. Repeal of Act 11 of 1890. 

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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 

ACT NO. 59 OF 1960 

An  Act  to  prevent  the  infliction  of  unnecessary  pain  or  suffering  on  animals  and  for  that 

purpose to amend the law relating to the prevention of cruelty to animals. 

 BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:―  

[26th December, 1960.]  

CHAPTER I  

PRELIMINARY 

1.  Short  title,  extent  and  commencement.―(1)  This  Act  may  be  called  the  Prevention  of 

Cruelty to Animals Act, 1960.  

(2) It extends to the whole of India 1***.  

(3) It shall come into force on such date as the Central Government may, by notification in the 
Official  Gazette,  appoint,  and  different  dates2  may  be  appointed  for  different  States  and  for  the 
different provisions contained in this Act.  

2. Definitions.―In this Act, unless the context otherwise requires,― 

(a) “animal” means any living creature other than a human being;  

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

2. 1st April, 1961, vide Notification No.S.O.823, dated the 1st April, 1961, in respect of the State of Punjab and the Union 

territory of Andaman and Nicobar Island, see Gazette of India 1961, Part II, sec. 3(ii). 

1st September, 1961, vide Notification No. S.O.  2061, dated the 25th August, 1961, for Chapters I and II in respect of the 
States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Uttar 
Pradesh  and  West  Bengal  and  the  Union  territories  of  Delhi,  Manipur  and  Tripura,  see  Gazette  of  India,  1961, Part  II,               
sec. 3(ii).  

2nd October, 1961, vide Notification No. S.O. 2286, dated 15th September 1961, Chapters I and II in  respect of the Union 
territory of Himachal Pradesh, Gazette of India, Part II, sec. 3(ii).  

26th January, 1962, vide Notification No. S.O. 21, dated 28th December, 1961, provisions of Chapters I and II in respect 
of the State of Rajasthan, see Gazette of India, Part II, sec. 3(ii).  

15th July,  1963, vide Notification No. S.O. 2000, dated 11th July, 1963,  Chapter IV in respect of the  States of  Assam, 
Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan, Uttar Pradesh 
and West Bengal and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of 
India, Part II, sec. 3(ii).  

20th November, 1963, vide Notification No. S.O. 3160, dated 29th October, 1963, Chapters III and VI in respect of the 
States  of  Assam,  Andhra  Pradesh,  Bihar,  Gujarat,  Kerala,  Madras,  Maharashtra,  Madhya  Pradesh,  Mysore,  Orissa, 
Rajasthan and Uttar Pradesh and in respect of   the Union territories of  Delhi, Himachal Pradesh, Manipur and Tripura,       
see Gazette of India. Part II, sec. 3(ii). 

24th  May,  1977,  vide  Notification  No.  S.O.  1902,  dated  24th  May  1977,  provisions  of  Chapter  V  in  respect  of  all  the 
States and the Union territories to which this Act extends (except the State of Jammu and Kashmir).  

This Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and comes into force in Pondicherry 
vide Reg. 7 of 1963, s. 3 and Sch.I (w.e.f. 1-10-1963). and brought into force in Dadra and Nagar Haveli by Reg. 6 of 
1963, s. 2 and Sch. I (w.e.f. 1-7-1965).  

3 

 
                                                           
1[(b) “Board” means the Board established under section 4, and as reconstituted from time to 

time under section 5A;]  

(c) “captive animal” means any animal (not being a domestic animal) which is in captivity or 
confinement,  whether  permanent  or  temporary,  or  which  is  subjected  to  any  appliance  or 
contrivance for the purpose of hindering or preventing its escape from captivity or confinement or 
which is pinioned or which is or appears to be maimed;  

(d)  “domestic  animal”  means  any  animal  which  is  tamed  or  which  has  been  or  is  being 
sufficiently tamed to serve some purpose for the use of man or which, although it neither has been 
nor is being nor is intended to be so tamed, is or has become in fact wholly or partly tamed;  

(e)  “local  authority”  means  a  municipal  committee,  district  board  or  other  authority  for  the 
time being invested by law with the control and administration of any matters within a specified 
local area;  

(f) “owner”, used with reference to an animal, includes not only the owner but also any other 
person  for  the  time  being  in  possession  or  custody  of  the  animal,  whether  with  or  without  the 
consent of the owner;  

(g) “phooka” or “doom dev” includes any process of introducing air or any substance into the 
female organ of a milch animal with the object of drawing off from the animal any secretion of 
milk;  

(h) “prescribed” means prescribed by rules made under this Act;  

(i) “street” includes any way, road, lane, square, court, alley, passage or open space, whether a 

thoroughfare or not, to which the public have access.  

Karnataka 

STATE AMENDMENTS 

Amendment  of  section  2.―In  section  2  of  the  Prevention  of  Cruelty  to  Animals  Act,  1960 

(Central Act 59 of 1960) (hereinafter referred to as the Principal Act),― 

(i) after clause (a), the following shall be inserted, namely:― 

“(aa) “Bulls race or Bullock cart race” means any form of bulls race including race of Bullock 
cart as a traditional sports involving Bulls whether tied to cart with the help of wooden yoke or not (in 
whatever name called) normally held as a part of tradition and culture in the state on such days and 
places, as may be notified by the State Government.”; and 

(ii) after clause (d), the following shall be inserted, namely:― 

“(dd)  “Kambala”  means  the  traditional  sports  event  involving  Buffalo’s  (male)  race  normally 
held as a part of tradition and culture in the state on such days and places, as may be notified by the 
State Government.” 

[Vide Karnataka Act 2 of 2018, s. 2]. 

1.  Subs. by Act 26 of 1982, s. 2, for clause (b) (w.e.f. 30-7-1982). 

4 

 
 
 
                                                           
Maharashtra 

Amendment of section 2 of 59 of 1960.―In section 2 of the Prevention of Cruelty to animals 
Act, 1960 (59 of 1960), in its application to the State of Maharashtra (hereinafter referred to as “the 
principal Act”), after clause (b), the following clause shall be inserted, namely:― 

“(bb) “bullock cart race” means an event involving bulls or bullocks to conduct a race, whether 
tied to cart with the help of wooden yoke or not (by whatever name called), with or without a cartman 
with  a  view  to  follow  tradition  and  culture  on  such  days  and  in  any  District  where  it  is  being 
traditionally  held  at such  places,  as  may  be  previously  approved  by  the  District  Collector,  and  also 
known as “Bailgada Sharyat”, “Chhakadi” and “shankarpat” in the State of Maharashtra;”. 

[Vide Maharashtra Act 45 of 2017, s. 2]. 

3. Duties of persons having charge of animals.―It shall be the duty of every person having the 
care or charge of any animal to take all reasonable measures to ensure the well-being of such animal 
and to prevent the infliction upon such animal of unnecessary pain or suffering. 

Karnataka 

STATE AMENDMENTS 

Amendment of section 3.―Section 3 of the principal Act, shall be re-numbered as sub-section 
(1)  of  that  section  and  after  sub-section  (1)  as  so  renumbered,  the  following  sub-section  shall  be 
inserted, namely:― 

“(2) Notwithstanding anything contained in sub-section (1) conduct of “Kambala” or “Bulls race 
or Bullock cart race” shall be permitted, subject to condition that no unnecessary pain or suffering is 
caused  to  the  animals,  by  the  person  incharge  of  that  animal  used  to  conduct  “Kambala”  or  “Bulls 
race or Bullock cart race” as the case may be and subject to such other conditions as may be specified, 
by the State Government, by notification.” 

[Vide Karnataka Act 2 of 2018, s. 3]. 

Maharashtra 

Amendment of section 3 of 59 of 1960.―Section 3 of the principal Act shall be re-numbered as 
sub-section (1) thereof; and after sub-section (1) as so re-numbered, the following sub-sections shall 
be added, namely:― 

“(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  bullock  cart  race  may  be 
conducted with the prior permission of the Collector, subject to the condition that no pain or suffering 
as  envisaged  by  or  under  the  Act  is  caused to  the  animal  by  any  person  or  person  in  charge  of the 
animal used to conduct bullock cart race and subject to such other conditions as may be prescribed by 
rules under section 38B by the State Government. 

(3) If any person or person in charge of the animals conducts bullock cart race in contravention of 
the conditions laid down in sub-section (2) or rules made thereunder relating to the bullock cart race 
or causes pain or suffering to the animal, he shall be punished with fine which may extend upto rupees 
five lakhs or imprisonment for a term which may extend upto three years.”. 

[Vide Maharashtra Act 45 of 2017, s. 3]. 

5 

 
 
CHAPTER II 

 1[ANIMAL WELFARE BOARD OF INDIA] 

4.  Establishment  of  Animals  Welfare  Board  of  India.―(1)  For  the  promotion  of  animal 
welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain 
or suffering, in particular, there shall be established by the Central Government, as soon as may be 
after the commencement of this Act, a Board to be called the 2[Animal Welfare Board of India].  

(2)  The  Board  shall  be  a  body  corporate  having  perpetual  succession  and  a  common  seal  with 
power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by its 
name sue and be sued. 

5. Constitution of the Board.―(1) The Board shall consist of the following persons, namely:― 

(a) the Inspector-General of Forests, Government of India, ex officio;  

(b) the Animal Husbandry Commissioner to the Government of India, ex officio;  

3[(ba) two persons to represent respectively the Ministries of the Central Government dealing 

with home affairs and education, to be appointed by the Central Government;  

(bb) one person to represent the Indian Board for Wild Life, to be appointed by the Central 

Government;  

(bc) three persons who, in the opinion of the Central Government, are or have been actively 
engaged  in  animal  welfare  work  and  are  well-known  humanitarians,  to  be  nominated  by  the 
Central Government;]  

(c) one person to represent such association of veterinary practitioners as in the opinion of the 
Central Government ought to be represented on the Board, to be elected by that association in the 
prescribed manner;  

(d) two persons to represent practitioners of modern and indigenous systems of medicine, to 

be nominated by the Central Government;  

4[(e) one person to represent each of such two municipal corporations as in the opinion of the 
Central  Government  ought  to  be  represented  on  the  Board,  to  be  elected  by  each  of  the  said 
corporations in the prescribed manner;]  

(f)  one  person  to  represent  each  of  such  three  organisations  actively  interested  in  animal 
welfare as in the opinion of the Central Government ought to be represented on the Board, to be 
chosen by each of the said organisations in the prescribed manner;  

(g) one person to represent each of such three societies dealing with prevention of cruelty to 
animals as in the opinion of the Central Government ought to be represented on the Board, to be 
chosen in the prescribed manner;  

(h) three persons to be nominated by the Central Government;  

(i) six members of Parliament, four to be elected by the House of the People (Lok Sabha) and 

two by the Council of States (Rajya Sabha).  

1. Subs. by Act 26 of 1982, s. 3, for “Animal Welfare Board” (w.e.f. 30-7-1982). 
2. Subs. by s. 4, ibid., for “Animal Welfare Board” (w.e.f. 30-7-1982). 
3. Ins. by s. 5, ibid. (w.e.f. 30-7-1982). 
4. Subs. by s. 5, ibid., for clause (e) (w.e.f. 30-7-1982). 

6 

 
                                                           
(2) Any of the persons referred to in clause (a) or  1[clause (b) or clause (ba) or clause (bb)] of 

sub-section (1) may depute any other person to attend any of the meetings of the Board.  

2[(3) The Central Government shall nominate one of the members of the Board to be its Chairman 

and another member of the Board to be its Vice-Chairman.] 

3[5A.  Reconstitution  of  the Board.―(1)  In  order that  the  Chairman  and  other members  of the 
Board hold office till the same date and that their terms of office come to an end on the same date, the 
Central Government may, by notification in the Official Gazette, reconstitute, as soon as may be after 
the  Prevention  of  Cruelty  to  Animals  (Amendment)  Act,  1982  (26  of  1982)  comes  into  force,  the 
Board.  

(2) The Board as reconstituted under sub-section (1) shall be reconstituted from time to time on 

the expiration of every third year from the date of its reconstitution under sub-section (1).  

(3)  There  shall  be  included  amongst  the  members  of  the  Board  reconstituted  under                              

sub-section (1), all persons who immediately before the date on which such reconstitution is to take 
effect, are members of the Board but such persons shall hold office only for the unexpired portion of 
the  term  for  which  they  would  have  held  office  if  such  reconstitution  had  not  been  made  and  the 
vacancies arising as a result of their ceasing to be members of the Board shall be filled up as casual 
vacancies for the remaining period of the term of the Board as so reconstituted:  

Provided that nothing in this sub-section shall apply in relation to any person who ceases to be a 

member  of  the  Board  by  virtue  of  the  amendment  made  in  sub-section  (1)  of  section  5  by                         
sub-clause  (ii)  of  clause  (a)  of  section  5  of  the  Prevention  of  Cruelty  to  Animals  (Amendment)  
Act, 1982 (26 of 1982)]. 

4[6.  Term  of  office  and  conditions  of  service  of  members  of  the  Board.―(1)  The  term  for 
which  the  Board  may  be  reconstituted  under  section  5A  shall  be  three  years  from  the  date  of  the 
reconstitution and the Chairman and other members of the Board as so reconstituted shall hold office 
till the expiry of the term for which the Board has been so reconstituted.  

(2) Notwithstanding anything contained in sub-section (1),―  

(a) the term of office of an ex officio member shall continue so long as he holds the office by 

virtue of which he is such a member;  

(b) the term of office of  a member elected or chosen under clause (c), clause (e), clause (f), 
clause (g), clause (h) or clause (i) of section 5 to represent any body of persons shall come to an 
end as soon as he ceases to be a member of the body which elected him or in respect of which he 
was chosen;  

(c)  the  term  of  office  of  a  member  appointed,  nominated,  elected  or  chosen  to  fill  a  casual 
vacancy shall continue for the remainder of the term of office of the member in whose place he is 
appointed, nominated, elected or chosen;  

(d) the Central Government may, at any time, remove for reasons to be recorded in writing a 
member  from  office  after  giving  him  a  reasonable  opportunity  of  showing  cause  against  the 

1. Subs. by Act 26 of 1982, s. 5, for “clause (b)” (w.e.f. 30-7-1982). 
2. Subs. by s. 5, ibid., for sub-section (3) (w.e.f. 30-7-1982). 
3. Ins. by s. 6, ibid. (w.e.f. 30-7-1982). 
4. Subs. by s.7, ibid., for section 6 (w.e.f. 30-7-1982). 

7 

 
                                                           
proposed removal and any vacancy caused by such removal shall be treated as casual vacancy for 
the purpose of clause (c).  

(3) The members of the Board shall receive such allowances, if any, as the Board may, subject to 

the previous approval of the Central Government, provide by regulations made in this behalf.  

(4) No act done or proceeding taken by the Board shall be questioned on the ground merely of the 
existence of any vacancy in, or defect in the constitution of, the Board and in particular, and without 
prejudice to the generality of the foregoing, during the period intervening between the expiry of the 
term for which the Board has been reconstituted under section 5A and its further reconstitution under 
that section, the ex officio members of the Board shall discharge all the powers and functions of the 
Board.] 

7.  Secretary  and  other  employees  of  the  Board.―(1)  The  Central  Government  shall  appoint 

1*** the Secretary of the Board.  

(2)  Subject  to  such  rules  as  may  be  made  by  the  Central  Government  in  this  behalf,  the  Board 
may appoint such number of other officers and employees as may be necessary for the exercise of its 
powers and the discharge of its functions and may determine the terms and conditions of service of 
such officers and other employees by regulations made by it with the previous approval of the Central 
Government.  

8. Funds of the Board.―The funds of the Board shall consist of grants made to it from time to 
time  by  the  Government  and  of  contributions,  donations,  subscriptions,  bequests,  gifts  and  the  like 
made to it by any local authority or by any other person. 

9. Functions of the Board.―The functions of the Board shall be― 

(a) to keep the law in force in India for the prevention of cruelty to animals under constant 
study and advise the Government on the amendments to be undertaken in any such law from time 
to time;  

(b) to advise the Central Government on the making  of rules under this Act with a view to 
preventing unnecessary pain or suffering to animals generally, and more particularly when they 
are being transported from one place to another or when they are used as performing animals  or 
when they are kept in captivity or confinement;  

(c) to advise the Government or any local authority or other person on improvements in the 

design of vehicles so as to lessen the burden on draught animals;  

(d)  to  take  all  such  steps  as  the  Board  may  think  fit  for  2[amelioration  of  animals]  by 
encouraging,  or  providing  for,  the  construction  of  sheds,  water-troughs  and  the  like  and  by 
providing for veterinary assistance to animals;  

(e)  to  advise  the  Government  or  any  local  authority  or  other  person  in  the  design  of              

slaughter-houses  or  in  the  maintenance  of  slaughter-houses  or  in  connection  with  slaughter  of 
animals  so  that  unnecessary  pain  or  suffering,  whether  physical  or  mental,  is  eliminated  in  the 
pre-slaughter stages as far as possible, and animals are killed, wherever necessary, in as humane a 
manner as possible;  

1. The words “one of its officers to be” omitted by Act 26 of 1982, s. 8 (w.e.f. 30-7-1982). 
2. Subs. by s. 9, ibid., for “ameliorating the condition of beasts of burden” (w.e.f. 30-7-1982). 

8 

 
                                                           
(f)  to  take  all  such  steps  as  the  Board  may  think  fit  to  ensure  that  unwanted  animals  are 
destroyed  by  local  authorities,  whenever it is  necessary  to  do  so,  either  instantaneously  or  after 
being rendered insensible to pain or suffering;  

(g)  to  encourage,  by  the  grant  of  financial  assistance  or  otherwise  1[the  formation  or 
establishment  of  pinjrapoles,  rescue  homes,  animal  shelters,  sanctuaries  and  the  like]  where 
animals and birds may find a shelter when they have become old and useless or when they need 
protection;  

(h) to co-operate with, and co-ordinate the work of, associations or bodies established for the 
purpose  of  preventing  unnecessary  pain  or  suffering  to  animals or  for the  protection  of animals 
and birds;  

(i)  to  give  financial  and  other  assistance  to animal  welfare organisations  functioning  in  any 
local area or to encourage the formation of animal welfare organisations in any local area which 
shall work under the general supervision and guidance of the Board;  

(j) to advise the Government on matters relating to the medical care and attention which may 
be  provided  in  animal,  hospitals  and  to  give  financial  and  other  assistance  to  animal  hospitals 
whenever the Board thinks it necessary to do so;  

(k) to impart education in relation to the humane treatment of animals and to encourage the 
formation of public opinion against the infliction of unnecessary pain or suffering to animals and 
for  the  promotion  of  animal  welfare  by  means  of  lectures,  books,  posters,  cinematographic 
exhibitions and the like;  

(l) to advise the Government on any matter connected with animal welfare or the prevention 

of infliction of unnecessary pain or suffering on animals. 

10. Power of Board to make regulations.―The Board may, subject to the previous approval of 
the Central Government, make such regulations as it may think fit for the administration of its affairs 
and for carrying out its functions. 

CHAPTER III 

CRUELTY TO ANIMALS GENERALLY 

11. Treating animals cruelly.―(1) If any person― 

(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so 
as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal 
to be so treated; or  

(b) 2[employs in any work or labour or for any purpose any animal which, by reason of its age 
or  any  disease],  infirmity,  wound,  sore  or  other  cause,  is  unfit  to  be  so  employed  or,  being  the 
owner, permits any such unfit animal to be so employed;  

(c) wilfully and unreasonably administers any injurious  drug or injurious substance to  3[any 
animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be 
taken by 3[any animal]; or  

1. Subs. by Act 26 of 1982, s. 9, for “the formation of pinjrapoles, sanctuaries and the like” (w.e.f. 30-7-1982). 
2. Subs. by s.10, ibid., for certain words (w.e.f. 30-7-1982). 
3. Subs. by s. 10, ibid., for “any domestic or captive animal” (w.e.f. 30-7-1982). 

9 

 
                                                           
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or 

position as to subject it to unnecessary pain or suffering; or  

(e)  keeps  or  confines  any  animal  in  any  cage  or  other  receptacle  which  does  not  measure 
sufficiently  in  height,  length  and  breadth  to  permit  the  animal  a  reasonable  opportunity  for 
movement; or  

(f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short 

or unreasonably heavy chain or cord; or  

(g)  being  the  owner,  neglects  to  exercise  or  cause  to  be  exercised  reasonably  any  dog 

habitually chained up or kept in close confinement; or  

(h) being the owner of  1[any animal] fails to provide such animal with sufficient food, drink 

or shelter; or  

(i) without reasonable cause, abandons any animal in circumstances which render it likely that 

it will suffer pain by reason of starvation or thirst; or  

(j) wilfully permits any animal, of which he is the owner, to go at large in any street while the 
animal is affected with contagious or infectious disease or, without reasonable excuse permits any 
diseased or disabled animal, of which he is the owner, to die in any street; or  

(k)  offers  for  sale  or,  without  reasonable  cause,  has  in  his  possession  any  animal  which  is 

suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or 

2[(l) multilates any animal or kills any animal (including stray dogs) by using the method of 

strychnine injections in the heart or in any other unnecessarily cruel manner; or]  

3[(m) solely with a view to providing entertainment— 

(i) confines or causes to be confined any animal (including tying of an animal as a bait in 

a tiger or other sanctuary) so as to make it an object of prey for any other animal; or  

(ii) incites any animal to fight or bait any other animal; or]  

(n)  4***  organises,  keeps,  uses  or  acts  in  the  management  of,  any  place  for  animal 
fighting or for the purpose of baiting any animal or permits or offers any place to be so used 
or  receives  money  for  the admission  of  any  other  person  to  any  place  kept  or  used  for  any 
such purposes; or  

(o) promotes or takes part in any shooting match or competition wherein animals are released 

from captivity for the purpose of such shooting;  

he shall be punishable, 5[in the case of a first offence, with fine which shall not be less than ten rupees 
but  which  may  extend to fifty  rupees  and in the  case  of a  second  or  subsequent  offence  committed 
within three years of the previous offence, with fine which shall not be less than twenty-five rupees 
but which may extend to one hundred rupees or with imprisonment for a term which may extend to 
three months, or with both].  

1. Subs. by Act 26 of 1982, s. 10, for “any captive animal” (w.e.f. 30-7-1982). 
2. Subs. by s. 10, ibid., for clause (l) (w.e.f. 30-7-1982). 
3. Subs. by s. 10, ibid., for clause (m)  (w.e.f. 30-7-1982). 
4. The words “for the purposes of his business” omitted by s.10, ibid. (w.e.f. 30-7-1982). 
5. Subs. by s. 10, ibid., for certain words (w.e.f. 30-7-1982). 

10 

 
                                                           
(2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if 
he  has  failed  to  exercise  reasonable  care  and  supervision  with  a  view  to  the  prevention  of  such 
offence:  

Provided that where an owner is convicted of permitting cruelty by reason only of having failed to 
exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.  

(3) Nothing in this section shall apply to―  

(a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the 

prescribed manner; or  

(b)  the  destruction  of  stray  dogs  in  lethal  chambers  or  1[by  such  other  methods  as  may  be 

prescribed]; or  

(c) the extermination or destruction of any animal under the authority of any law for the time 

being in force; or  

(d) any matter dealt with in Chapter IV; or  

(e) the commission or omission of any act in the course of the destruction or the preparation 
for  destruction  of  any  animal  as  food  for  mankind  unless  such  destruction  or  preparation  was 
accompanied by the infliction of unnecessary pain or suffering. 

Karnataka 

STATE AMENDMENTS 

Amendment  of  section  11.―In  section  11  of  the  principal  Act,  in  sub-section (3),  after  clause 

(e), the following shall be inserted, namely:― 

“(f) the conduct of “Kambala” with a view to follow and promote tradition and culture and ensure 

preservation of native breed of buffalos as also their safety, security and wellbeing. 

(g) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition 
and  culture  and  ensure  preservation  of  native  breed  of  cattle  as  also  their  safety,  security  and 
wellbeing.” 

[Vide Karnataka Act 2 of 2018, s. 4]. 

Maharashtra 

Amendment of section 11 of 59 of 1960.―In section 11 of the principal Act, in sub-section (3), 

after clause (c), the following clause shall be inserted, namely:― 

“(c-1)  the  conduct  of  bullock  cart  race  in  accordance  with  the  provisions  of  sub-section  (2)  of 
section 3 or participation therein with a view to follow and promote tradition and culture and ensure 
preservation of native breeds of bulls as also their purity, safety, security and well being; or”. 

[Vide Maharashtra Act 45 of 2017, s. 4]. 

12. Penalty for practising phooka or doom dev.―If any person performs upon any cow or other 
milch animal the operation called phooka or 2[doom dev or any other operation (including injection of 
any  substance)  to  improve  lactation  which  is  injurious  to  the  health  of  the  animal]  or  permits  such 
operation being performed upon any such animal in his possession or under his control, he shall be 

1. Subs. by Act 26 of 1982, s. 10, for “by other methods with a minimum of suffering” (w.e.f. 30-7-1982). 
2. Subs. by s. 11, ibid., for “doom dev” (w.e.f. 30-7-1982). 

11 

 
                                                           
punishable  with  fine  which  may  extend  to  one  thousand  rupees,  or  with  imprisonment  for  a  term 
which may extend to two years, or with both, and the animal on which the operation was performed 
shall be forfeited to the Government. 

13.  Destruction  of  suffering  animals.―(1)  Where  the  owner  of  an  animal  is  convicted  of  an 
offence under section 11, it shall be lawful for the court, if the court is satisfied that it would be cruel 
to keep the animal alive, to direct that the animal be destroyed and to assign the animal to any suitable 
person for that purpose, and the person to whom such animal is so assigned shall, as soon as possible, 
destroy  such  animal  or  cause  such  animal  to  be  destroyed  in  his  presence  without  unnecessary 
suffering, and any reasonable expense incurred in destroying the animal may be ordered by the court 
to be recovered from the owner as if it were a fine: 

Provided that unless the owner assents thereto, no order shall be made under this section except 

upon the evidence of a veterinary officer in charge of the area.  

(2) When any magistrate, commissioner of police or district superintendent of police has reason to 
believe that an offence under section 11 has been committed in respect of any animal, he may direct 
the immediate destruction of the animal, if in his opinion, it would be cruel to keep the animal alive.  

(3)  Any  police  officer  above  the  rank  of  a  constable  or  any  person  authorised  by  the  State 
Government  in  this  behalf  who  finds  any  animal  so  diseased  or  so  severely  injured  or  in  such  a 
physical  condition  that  in  his  opinion  it  cannot  be  removed  without  cruelty,  may,  if  the  owner  is 
absent or refuses his consent to the destruction of the animal, forthwith summon the veterinary officer 
in charge of the area in which the animal is found, and if the veterinary office certifies that the animal 
is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep 
it  alive,  the  police  officer  or  the  person  authorised,  as  the  case  may  be  may,  after  obtaining  orders 
from a magistrate, destroy the animal injured or cause it to be destroyed 1[in such manner as may be 
prescribed].  

(4) No appeal shall lie from any order of a magistrate for the destruction of an animal.  

CHAPTER IV 

 EXPERIMENTATION ON ANIMALS 

14.  Experiments  on  animals.―Nothing  contained  in  this  Act  shall  render  unlawful  the 
performance of experiments (including experiments involving operations) on animals for the purpose 
of advancement by new discovery of physiological knowledge or of knowledge which will be useful 
for  saving  or  for  prolonging  life  or  alleviating  suffering  or  for  combating  any  disease,  whether  of 
human beings, animals or plants. 

15. Committee for control and supervision of experiments on animals.―(1) If at any time, on 
the  advice  of  the  Board,  the  Central  Government  is  of  opinion  that  it  is  necessary  so  to  do  for  the 
purpose of controlling and supervising experiments on animals, it may, by notification in the Official 
Gazette,  constitute  a  Committee  consisting  of  such  number  of  officials  and  non-officials,  as  it  may 
think fit to appoint thereto.  

(2)  The  Central  Government  shall  nominate  one  of  the  members  of  the  Committee  to  be  its 

Chairman.  

1. Ins. by Act 26 of 1982, s.12 (w.e.f. 30-7-1982). 

12 

 
                                                           
(3) The Committee shall have power to regulate its own procedure in relation to the performance 

of its duties.  

(4)  The  funds  of  the  Committee  shall  consist  of  grants  made  to  it  from  time  to  time  by  the 
Government and of contributions, donations, subscriptions, bequests, gifts and the like made to it by 
any person. 

1[15A.  Sub-committees.―(1)  The  Committee  may  constitute  as  many  sub-committees  as  it 
thinks fit for exercising any power or discharging any duty of the Committee or for inquiring into or 
reporting and advising on any matter which the Committee may refer.  

(2) A sub-committee shall consist exclusively of the members of the Committee.] 

16. Staff of the Committee.―Subject to the control of the Central Government, the Committee 
may appoint such number of officers and other employees as may be necessary to enable it to exercise 
its powers and perform its duties, and may determine the remuneration and other terms and conditions 
of service of such officers and other employees. 

17.  Duties  of  the  Committee  and  power  of  the  Committee  to  make  rules  relating  to 
experiments on animals.―(1) It shall be the duty of the Committee to take all such measures as may 
be necessary to ensure that animals are not subjected to unnecessary pain or suffering before, during 
or after the performance of experiments on them, and for that purpose it may, by notification in the 
Gazette of India and subject to the condition of previous publication, make such rules as it may think 
fit in relation to the conduct of such experiments.  

2[(1A)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules 

may provide for the following matters, namely:― 

(a) the registration of persons or institutions carrying on experiments on animals;  

(b) the reports and other information which shall be forwarded to the Committee by persons 

and institutions carrying on experiments on animals.]  

(2) In particular, and without prejudice to the generality of the foregoing power, rules made by the 

Committee shall be designed to secure the following objects, namely:―  

(a)  that  in  cases  where  experiments  are  performed  in  any  institution,  the  responsibility 
therefor is placed on the person in charge of the institution and that, in cases where experiments 
are performed outside an institution by individuals, the individuals are qualified in that behalf and 
the experiments are performed on their full responsibility;  

(b)  that  experiments  are  performed  with  due  care  and  humanity,  and  that  as  far  as  possible 
experiments  involving  operations  are  performed  under  the  influence  of  some  anaesthetic  of 
sufficient power to prevent the animals feeling pain;  

(c) that animals which, in the course of experiments under the influence of anesthetics, are so 
injured  that  their  recovery  would  involve  serious  suffering,  are  ordinarily  destroyed  while  still 
insensible; 

 (d) that experiments on animals are avoided wherever it is possible to do so; as for example, 
in  medical  schools,  hospitals,  colleges  and  the  like,  if  other  teaching  devices  such  as  books, 
models, films and the like may equally suffice;  

1. Ins. by Act 26 of 1982, s. 13 (w.e.f. 30-7-1982). 
2. Ins. by s. 14, ibid. (w.e.f. 30-7-1982). 

13 

 
                                                           
(e)  that  experiments  on  larger  animals  are  avoided  when  it  is  possible  to  achieve  the  same 

results by experiments upon small laboratory animals like guinea-pigs, rabbits, frogs and rats;  

(f) that, as far as possible, experiments are not performed merely for the purpose of acquiring 

manual skill;  

(g) that animals intended for the performance of experiments are properly looked after both 

before and after experiments;  

(h) that suitable records are maintained with respect to experiments performed on animals.  

(3) In making any rules under this section, the Committee shall be guided by such directions as 
the Central Government (consistently with the objects for which the Committee is set up) may give to 
it, and the Central Government is hereby authorised to give such directions.  

(4) All rules made by the Committee shall be binding on all individuals performing experiments 

outside institutions and on persons in charge of institutions in which experiments are performed. 

18. Power of entry and inspection.―For the purpose of ensuring that the rules made by it are 
being complied with, the Committee may authorise any of its officers or any other person in writing to 
inspect any institution or place where experiments are being carried on and report to it as a  result of 
such inspection, and any officer or person so authorised may― 

(a)  enter  at  any  time  considered  reasonable  by  him  and  inspect  any  institution  or  place  in 

which experiments on animals are being carried on; and  

(b)  require  any  person  to  produce  any  record  kept  by  him  with  respect  to  experiments  on 

animals. 

19. Power to prohibit experiments on animals.―If the Committee is satisfied, on the report of 
any officer or other person made to it as a result of any inspection under section 18 or otherwise, that 
the  rules  made  by  it  under  section  17  are  not  being  complied  with  by  any  person  or  institution 
carrying on experiments on animals, the Committee may, after giving an opportunity to the person or 
institution of being heard in the matter, by order, prohibit the person or institution from carrying on 
any  such  experiments  either  for  a  specified  period  or  indefinitely,  or  may  allow  the  person  or 
institution to carry on such experiments subject to such special conditions as the Committee may think 
fit to impose. 

20. Penalties.―If any person― 

(a) contravenes any order made by the Committee under section 19; or  

(b) commits a breach of any condition imposed by the Committee under that section;  

he  shall  be  punishable  with  fine  which  may  extend  to  two  hundred  rupees,  and,  when  the 
contravention  or  breach  of  condition  has  taken  place  in  any  institution,  the  person  in  charge  of  the 
institution shall be deemed to be guilty of the offence and shall be punishable accordingly. 

14 

 
CHAPTER V  

PERFORMING ANIMALS 

21.  “Exhibit”  and  “train”  defined.―In  this  Chapter,  “exhibit”  means  exhibit  at  any 
entertainment to which the public are admitted through sale of tickets and “train” means train for the 
purpose  of  any  such  exhibition,  and  the  expressions  “exhibitor”  and  “trainer”  have  respectively  the 
corresponding meanings. 

22. Restriction on exhibition and training of performing animals.―No person shall exhibit or 

train― 

 (i)  any  performing  animal  unless  he  is  registered  in  accordance  with  the  provisions  of  this 

Chapter;  

(ii) as a performing animal, any animal which the Central Government may, by notification in 
the Official Gazette, specify as an animal which shall not be exhibited or trained as a performing 
animal. 

Karnataka 

STATE AMENDMENTS 

Amendment of section 22.―In section 22 of the principal Act, at the end, the following proviso 

shall be inserted, namely:― 

“Provided that  nothing  contained  in this  section  shall  apply  to  conduct  of  “Kambala”  or  “Bulls 

race or Bullock cart race” as the case may be.” 

[Vide Karnataka Act 2 of 2018, s. 5]. 

Maharashtra 

Amendment  of  section  22  of  59  of  1960.―In  section  22  of  the  principal  Act,  the  following 

proviso shall be added, namely:― 

“Provided that, nothing contained in this section shall apply to the conduct of bullock cart race in 

accordance with the provisions of sub-section (2) of section 3.”. 

[Vide Maharashtra Act 45 of 2017, s. 5]. 

23.  Procedure  for  registration.―(1)  Every  person  desirous  of  exhibiting  or  training  any 
performing animal shall, on making an application in the prescribed form to the prescribed authority 
and  on  payment  of  the  prescribed  fee,  be  registered  under  this  Act  unless  he  is  a  person  who,  by 
reason of an order made by the court under this Chapter, is not entitled to be so registered.  

(2)  An  application  for  registration  under  this  Chapter  shall  contain  such  particulars  as  to  the 
animals and as to the general nature of the performances in which the animals are to be exhibited or 
for which they are to be trained as may be prescribed, and the particulars so given shall be entered in 
the register maintained by the prescribed authority.  

(3) The prescribed authority shall give to every person whose name appears on the register kept 
by them, a certificate of registration in the prescribed form containing the particulars entered in the 
register.  

15 

 
(4) Every register kept under this Chapter shall at all reasonable times be open for inspection on 
payment of the prescribed fee, and any person shall, on payment of the prescribed fee, be entitled to 
obtain copies thereof or make extracts therefrom.  

(5) Any person whose name is entered in the register shall, subject to the provisions of any order 
made under this Act by any court, be entitled, on making an application for the purpose, to have the 
particulars entered in the  register  with respect to  him  varied,  and  where any  such  particulars are  so 
varied, the existing certificate shall be cancelled and a new certificate issued. 

24.  Power  of  court  to  prohibit  or  restrict  exhibition  and  training  of  performing 
animals.―(1)  Where  it  is  proved  to  the  satisfaction  of  any  magistrate  on  a  complaint  made  by  a 
police officer or an officer authorised in writing by the prescribed authority referred to in section 23, 
that the training or exhibition of any performing animal has been accompanied by unnecessary pain or 
suffering and should be prohibited or allowed only subject to conditions, the court may make an order 
against the person in respect of whom the complaint is made, prohibiting the training or exhibition or 
imposing such conditions in relation thereto, as may be specified by the order.  

(2) Any court by which an order is made under this section shall cause a copy of the order to be 
sent, as soon as may be after the order is made, to the prescribed authority by which the person against 
whom the order is made is registered, and shall cause the particulars of the order to be endorsed upon 
the certificate held by that person, and that person shall produce his certificate on being so required by 
the court for the purposes of endorsement, and the prescribed authority to which a copy of an order is 
sent under this section shall enter the particulars of the order in that register. 

25. Power to enter premises.―(1) Any person authorised in writing by the prescribed authority 

referred to in section 23 and any police officer not below the rank of a sub-inspector may― 

(a) enter at all reasonable times and inspect any premises in which any performing animals 
are  being  trained  or  exhibited  or  kept  for  training  or  exhibition,  and  any  such  animals  found 
therein; and 

(b) require any person who, he has reason to believe, is a trainer or exhibitor of performing 

animals to produce his certificate of registration.  

(2) No person or police officer referred to in sub-section (1) shall be entitled under this section to 

go on or behind the stage during a public performance of performing animals. 

26. Offences.―If any person― 

(a) not being registered under this Chapter, exhibits or trains any performing animal; or 

(b) being registered under this Act, exhibits or trains any performing animal with respect to 

which, or in a manner with respect to which, he is not registered; or 

(c)  exhibits  or  trains  as  a  performing  animal,  any  animal  which  is  not  to  be  used  for  the 

purpose by reason of a notification issued under clause (ii) of section 22; or 

(d)  obstructs  or  wilfully  delays  any  person  or  police  officer  referred  to  in  section  25  in  the 

exercise of powers under this Act as to entry and inspection; or 

(e) conceals any animal with a view to avoiding such inspection; or 

(f) being a person registered under this Act, on being duly required in pursuance of this Act to 

produce his certificate under this Act, fails without reasonable excuse so to do; or 

16 

 
(g) applies to be registered under this Act when not entitled to be so registered; 

he  shall  be  punishable  on  conviction  with  fine  which  may  extend  to  five  hundred  rupees,  or  with 
imprisonment which may extend to three months, or with both. 

27. Exemptions.―Nothing contained in this Chapter shall apply to― 

(a) the training of animals for bona fide military or police purposes or the exhibition of any 

animals so trained; or 

(b) any animals kept in any zoological garden or by any society or association which has for 

its principal object the exhibition of animals for educational or scientific purposes. 

Karnataka 

STATE AMENDMENTS 

Amendment  of  section  27.―In  section  27  of  the  principal  Act,  after  clause  (b),  the  following 

shall be inserted, namely:― 

“(c)”  the  conduct  of  “Kambala”  with  a  view  to  follow  and  promote  tradition  and  culture  and 

ensure survival and continuance of native breeds of buffaloes. 

(d) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition 

and culture and ensure survival and continuance of native breeds of cattle.” 

[Vide Karnataka Act 2 of 2018, s. 6]. 

Maharashtra 

Amendment of section 27 of 59 of 1960.―In section 27 of the principal Act, after clause (a), the 

following clause shall be inserted, namely:― 

“(a-1)  the  conduct  of  bullock  cart  race  in  accordance  with  the  provisions  of  sub-section  (2)  of 
section  3,  with  a  view  to  follow  and  promote  tradition  and  culture  and  ensure  survival  and 
continuance of native breeds of bulls; or”. 

[Vide Maharashtra Act 45 of 2017, s. 6]. 

CHAPTER VI  

MISCELLANEOUS 

28.  Saving  as  respects  manner  of  killing  prescribed  by  religion.―Nothing  contained  in  this 
Act  shall  render  it  an  offence  to  kill  any  animal  in  a  manner  required  by  the  religion  of  any 
community. 

Karnataka 

STATE AMENDMENTS 

Insertion  of  new  section  28A.―After  section  28  of  the  principal  Act,  the  following  shall  be 

inserted, namely:― 

“28A.  Savings  in  respect  of  “Kambala”  or  “Bulls  race  or  Bullock  cart  race”.―Nothing 
contained  in  this  Act,  shall  apply  to  “Kambala”  or  “Bulls  race  or  Bullock  cart  race”  conducted  to 

17 

 
 
follow and promote tradition and culture and such conduct of “Kambala” or “Bulls race or Bullock 
cart race” shall not be an offence under this Act.” 

[Vide Karnataka Act 2 of 2018, s. 7]. 

Maharashtra 

Insertion  of  section  28A  in  59  of  1960.―After  section  28  of  the  principal  Act,  the  following 

section shall be inserted, namely:― 

“28A. Saving in respect of bullock cart race.―Nothing contained in this Act shall apply to the 
bullock cart race conducted in accordance with the provisions or sub-section (2) of section 3 to follow 
and promote tradition and culture and such conduct shall not be an offence under this Act.”. 

[Vide Maharashtra Act 45 of 2017, s. 7]. 

29. Power of court to deprive person convicted of ownership of animal.―(1) If the owner of 
any animal is found guilty of any offence under this Act, the court, upon his conviction thereof, may, 
if  it  thinks  fit,  in  addition  to  any  other  punishment,  make  an  order  that  the  animal  with  respect  to 
which the offence was committed shall be forfeited to Government and may, further, make such order 
as to the disposal of the animal as it thinks fit under the circumstances. 

(2) No order under sub-section (1) shall be made unless it is shown by evidence as to a previous 
conviction under this Act or as to the character of the owner or otherwise as to the treatment of the 
animal that the animal, it left with the owner, is likely to be exposed to further cruelty. 

(3) Without prejudice to the provisions contained in sub-section (1), the court may also order that 
a person convicted of an offence under this Act shall, either permanently or during such period as is 
fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or, as 
the court thinks fit, of any animal of any kind or species specified in the order. 

(4) No order under sub-section (3) shall be made unless― 

(a) it is shown by evidence as to a previous conviction or as to the character of the said person 
or otherwise as to the treatment of the animal in relation to which he has been convicted that an 
animal in the custody of the said person is likely to be exposed to cruelty; 

(b) it is stated in the complaint upon which the conviction was made that it is the intention of 
the complainant upon the conviction of the accused to request that an order be made as aforesaid; 
and 

(c) the offence for which the conviction was made was committed in an area in which under 
the law for the time being in force a licence is necessary for the keeping of any such animal as 
that in respect of which the conviction was made. 

(5) Notwithstanding anything to the contrary contained in any law for the time being in force, any 
person in respect of whom an order is made under sub-section (3) shall have no right to the custody of 
any animal contrary to the provisions of the order, and if he contravenes the provisions of any order, 
he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a 
term which may extend to three months, or with both. 

(6) Any court which has made an order under sub-section (3) may at any time, either on its own 

motion or on application made to it in this behalf, rescind or modify such order. 

18 

 
30.  Presumption  as  to  guilt  in  certain  cases.―If  any  person  is  charged  with  the  offence  of 

killing  a  goat,  cow  or  its  progeny  contrary  to  the  provisions  of  clause  (l)  of  sub-section  (1)  of              
section 11, and it is proved that such person had in his possession, at the time the offence is alleged to 
have been committed, the skin of any such animal as is referred to in this section with any part of the 
skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal 
was killed in a cruel manner. 

31.  Cognizability  of  offences.―Notwithstanding  anything  contained  in  the  Code  of  Criminal 

Procedure,  1898  (5  of  1898),  an  offence  punishable  under  clause  (l),  clause  (n)  or  clause  (o)  of                 
sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of 
that Code. 

32. Power of search and seizure.―(1) If a police officer not below the rank of sub-inspector or 
any  person  authorised  by  the  State  Government  in this  behalf  has reason to  believe  that  an  offence 
under  clause  (l)  of  sub-section  (1)  of  section  11  in  respect  of  any  such  animal  as  is  referred  to  in 
section 30 is being, or is about to be, or has been, committed in any place, or that any person has in 
his possession the skin of any such animal with any part of the skin of the head attached thereto, he 
may enter and search such place or any place in which he has reason to believe any such skin to be, 
and may seize such skin or any article or thing used or intended to be used in the commission of such 
offence. 

(2) If a police officer not below the rank of sub-inspector, or any person authorised by the State 
Government in this behalf, has reason to believe that phooka or 1[doom dev or any other operation of 
the  nature referred  to in section  12]  has just  been,  or  is  being,  performed  on  any  animal  within the 
limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be, 
and may seize the animal and produce it for examination by the veterinary officer in charge of the area 
in which the animal is seized. 

33. Search warrants.―(1) If a magistrate of the first or second class or a presidency magistrate 
or a sub-divisional magistrate or a commissioner of police or district superintendent of police, upon 
information  in  writing,  and  after  such  inquiry  as  he  thinks  necessary,  has  reason  to  believe  that  an 
offence under this Act is being, or is about to be, or has been committed in any place, he may either 
himself  enter  and  search  or  by  his  warrant  authorise  any  police  officer  not  below  the  rank  of                    
sub-inspector to enter and search the place. 

(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating to searches shall, 

so far as those provisions can be made applicable, apply to searches under this Act. 

34.  General  power  of  seizure  for  examination.―Any  police  officer  above  the  rank  of  a 
constable or any person authorised by the State Government in this behalf, who has reason to believe 
that an offence against this Act has been or is being, committed in respect of any animal, may, if in his 
opinion the circumstances so require, seize the animal and produce the same for examination by the 
nearest  magistrate  or  by  such  veterinary  officer  as  may  be  prescribed,  and  such  police  officer  or 
authorised person may, when seizing the animal, require the person in charge thereof to accompany it 
to the place of examination. 

35.  Treatment  and  care  of  animals.―(1)  The  State  Government  may,  by  general  or  special 
order, appoint infirmaries for the treatment and care of animals in respect of which offences against 

1. Subs. by Act 26 of 1982, s.15, for “doom dev” (w.e.f. 30-7-1982). 

19 

 
                                                           
this  Act  have  been  committed,  and  may  authorise  the  detention  therein  of  any  animal  pending  its 
production before a magistrate. 

(2) The magistrate before whom a prosecution for an offence against this Act has been instituted 
may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to 
perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the 
veterinary officer in charge of the area in which the animal is found or such other veterinary officer as 
may be authorised in this behalf by rules made under this Act certifies that it is incurable or cannot be 
removed without cruelty, that it shall be destroyed. 

(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs 
that it shall be sent to a  pinjrapole or that it shall be destroyed, be released from such place except 
upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in 
which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by 
rules made under this Act. 

(4) The cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and 
treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of 
rates  to  be  prescribed  by  the  district  magistrate,  or,  in  presidency-towns,  by  the  commissioner  of 
police: 

Provided that when the magistrate so orders on account of the poverty of the owner of the animal 

no charge shall be payable for the treatment of the animal. 

(5) Any amount, payable by an owner of an animal under sub-section (4) may be recovered in the 

same manner as an arrear of land revenue. 

(6) If the owner refuses or  neglects to remove the animal within such time as a magistrate may 
specify, the magistrate may direct that the animal be sold and that the proceeds of the sale be applied 
to the payment of such cost. 

(7)  The  surplus,  if  any,  of  the  proceeds  of  such  sale  shall,  on  application  made  by  the  owner 

within two months from the date of the sale, be paid to him. 

36.  Limitation  of  prosecutions.―A  prosecution  for  an  offence  against  this  Act  shall  not  be 

instituted after the expiration of three months from the date of the commission of the offence. 

37.  Delegation  of  powers.―The  Central  Government  may,  by  notification  in  the  Official 
Gazette,  direct  that  all  or  any  of  the  powers  exercisable  by  it  under  this  Act,  may,  subject  to  such 
conditions as it may think fit to impose, be also exercisable by any State Government. 

38.  Power  to  make  rules.―(1)  The  Central  Government  may,  by  notification  in  the  Official 
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of 
this Act.  

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  the  Central 

Government may make rules providing for all or any of the following matters, namely:― 

(a) the  1*** conditions of service of members of the Board, the allowances payable to them 

and the manner in which they may exercise their powers and discharge their functions; 

2[(aa) the manner in which the persons to represent municipal corporations are to be elected 

under clause (e) of sub-section (1) of section 5;] 

1. The words “terms and” omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 
2.  Ins. by s.16, ibid.  (w.e.f. 30-7-1982). 

20 

 
                                                           
(b)  the  maximum  load  (including  any  load  occasioned  by  the  weight  of  passengers)  to  be 

carried or drawn by any animal; 

(c) the conditions to be observed for preventing the over-crowding of animal; 

(d) the period during which, and the hours between which, any class of animals shall not be 

used for draught purposes; 

(e) prohibiting the use of any bit or harness involving cruelty to animals; 

 1[(ea)  the  other  methods  of  destruction  of  stray  dogs  referred  to  in  clause  (b)  of                     

sub-section (3) of section 11; 

(eb)  the  methods  by  which  any  animal  which  cannot  be  removed  without  cruelty  may  be 

destroyed under sub-section (3) of section 13;] 

(f) requiring persons carrying on the business of a farrier to be licensed and registered by such 

authority as may be prescribed and levying a fee for the purpose; 

(g) the precautions to be taken in the capture of animals for purposes of sale, export or for any 
other purpose, and the different appliances or devices that may alone be used for the purpose; and 
the licensing of such capture and the levying of fees for such licences; 

(h)  the  precautions  to  be  taken  in  the  transport  of  animals,  whether  by  rail,  road,  inland 
waterway,  sea or air  and  the  manner in  which  and  the  cages  or  other receptacles  in  which they 
may be so transported.  

(i) requiring persons owning or in charge of premises in which animals are kept or milked to 
register  such  premises,  to  comply  with  such  conditions  as  may  be  laid  down  in  relation  to  the 
boundary  walls  or  surroundings  of  such  premises,  to  permit  their  inspection  for  the  purpose  of 
ascertaining whether any offence under this Act is being, or has been, committed therein, and to 
expose in such premises copies of section 12 in a language or languages commonly understood in 
the locality; 

(j)  the  form  in  which  applications  for  registration  under  Chapter  V  may  be  made,  the 
particulars  to  be  contained  therein,  the  fees  payable  for  such  registration  and  the  authorities  to 
whom such applications may be made; 

 1[(ja) the fees which may be charged by the Committee constituted under section 15 for the 
registration  of  persons  or  institutions  carrying  on  experiments  on  animals  or  for  any  other 
purpose;] 

(k)  the  purposes  to  which  fines  realised  under  this  Act  may  be  applied,  including  such 

purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; 

(l) any other matter which has to be, or may be, prescribed. 

(3) If any person contravenes, or abets the contravention of, any rules made under this section, he 
shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a 
term which may extend to three months, or with both.  

2* 

* 

* 

* 

* 

3[38A. Rules and regulations to be laid before Parliament.―Every rule made by the Central 
Government  or  by  the  Committee  constituted  under  section  15  and  every  regulation  made  by  the 
Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in 

1. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 
2. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982). 
3.  Ins. by s. 17, ibid. (w.e.f. 30-7-1982). 

21 

 
 
 
 
 
 
 
 
 
                                                           
session,  for a total  period of thirty  days  which  may  be  comprised  in  one  session  or  in  two  or  more 
successive sessions, and if, before the expiry of the session immediately following the session or the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation 
as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be 
made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, 
as the case may be; so, however, that any such modification or annulment, shall be without prejudice 
to the validity of anything previously done under that rule or regulation.] 

Maharashtra 

STATE AMENDMENTS 

Insertion of section 38B in 59 of 1960.―After section 38A of the principal Act, the following 

section shall be inserted, namely:― 

“38B. Power of State Government to make rules.―(1) The State Government may, subject to 
the  condition  of  previous  publication,  by  notification  in  the  Official  Gazette,  make  the  rules,  not 
inconsistent  with  the  rules  made  by  the  Central  Government,  if  any,  for  carrying  into  effect  the 
provisions of sub-section (2) of section 3 of the Act. 

(2) Every rule made under this section shall be laid, as soon as may be, after it is made, before 
each House of the State Legislature, while it is in session for a total period of thirty days, which may 
be  comprised  in  one  session  or  in  two  or  more successive  sessions,  and if,  before the  expiry  of the 
session in which it is so laid or the session immediately following, both Houses agree in making any 
modification in rule or both Houses agree that the rule should not be made, and notify such decision in 
the Official Gazette, the rule shall, from the date of publication of such notification , have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done or omitted to be 
done under that rule.”. 

[Vide Maharashtra Act 45 of 2017, s. 8]. 

39. Persons authorised under section 34 to be public servants.―Every person authorised by 
the State Government under section 34 shall be deemed to be a public servant within the meaning of 
section 21 of the Indian Penal Code (45 of 1860). 

40. Indemnity.―No suit, prosecution or other legal proceeding shall lie against any person who 
is, or who is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code 
(45 of 1860) respect of anything in good faith done or intended to be done under this Act. 

41.  Repeal  of  Act  11  of  1890.―Where  in  pursuance  of  a  notification  under  sub-section  (3)  of 
section 1 any provision of this Act comes into force in any State, any provision of the Prevention of 
Cruelty to Animals Act, 1890 (11 of 1890), which corresponds to the provision so coming into force, 
shall thereupon stand repealed.  

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